Law 48/2003, of 26 November, of the economic regime and the provision of services of ports of general interest, establishes in its article 96 that the Ministry of Public Works will delimit in the ports of state ownership an area of service which shall include the spaces of land and water necessary for the development of the harbour uses, defined in article 94.1 of that law, the spaces of reserve that guarantee the possibility of development of the harbour activity and those which may be used for non-port uses referred to in that Article. This delimitation shall be carried out through the plan of use of the port spaces.

The current service area of the port of Melilla was approved by the Ministerial Order of 15 July 1977. This delimitation has subsequently been modified due to the disaffection of a set of plots. The delimitation of Zone I of waters in the Port of Melilla was established by Ministerial Order of 23 December 1966, not having defined a Water Zone II.

Also attached to the Port Authority of Melilla are the facilities of the harbour port of the Chafarinas Islands, built between the years 1905 and 1910 by the then Board of Works of the Port of Melilla and Chafariñas.

With the Plan of Use of the Port Spaces the port service area is structured in different functional areas, uses from the harbour point of view and the disaffection of those spaces is proposed unnecessary for port activity.

The file has been processed in accordance with the provisions of Law 48/2003 of 26 November 2003 on the economic and service provision of ports of general interest.

On August 5, 2009, the Environmental and Environmental Quality and Evaluation Directorate of the Ministry of Environment and Rural and Marine resolved that, Law 9/2006, of April 28, on the evaluation of the effects of certain Plans and programs in the environment, was not applicable to the Plan of Use of the Port Spaces of the Port of Melilla, given the content of the same.

The mandatory reports were requested and the document was submitted to the public information procedure for a period of one month. On 29 December 2009, the Directorate General for Sustainability of the Coast and the Sea reported favourably the proposal. Finally, Ports of the State has reported favorably the Plan of Use, in responding to the current needs of the Port of Melilla and to observe that the requirements laid down in article 96 of Law 48/2003, 26 of November, economic regime and service provision of ports of general interest.

In its virtue, on the proposal of the Port Authority of Melilla, completed the formalities required by the current legislation, I have:

First. Approval of the Plan of Use of the Port Spaces.-The Plan of Use of the Port Spaces of the Port of Melilla, drafted in accordance with Law 48/2003, of November 26, of economic regime and of the provision of services of ports of general interest.

In this Plan the intended uses for the different areas of the port are assigned, with the justification of their necessity or convenience, and the service area of the port, in which the spaces of land and water are included necessary for the execution of their activities and those intended for tasks complementary to those activities.

From the document of the Plan of Use of the Port Spaces of the Port of Melilla, a duly endorsed copy will be deposited in the Ministry of Public Works, another in the public body Ports of the State and a third in the The Port Authority of Melilla.

Second. Distribution by area of the uses. -The land service area of the port, reflected in the plan No. 5 of the document, is structured in four functional areas, three located in the city of Melilla and one located on the Island of Isabel II, in the archipelago of the Chafarin Islands, to which the uses set out below are set out:

Commercial Port. The area is constituted by the set of docks and port platforms attached to the shelter dam and a division in two zones is proposed for it, graphically reflected in the plane No. 10. The first of these, called AF.1-A, includes the docks Espigon I, Northeast II and Northeast III, the Commercial uses of Goods and Complementary Tertiary are assigned. The second is called AF.1-B, includes the Northeast I, Ribera 2 and Ribera 1 springs, and is assigned the Commercial uses of Passengers and Ro-Ro, Tertiary Complementary, and Institutional. The coat dam is assigned the Use of Infrastructures and Works of Abrigo.

Sports Port and Equipment. Located between the commercial port, the urban centre and the beaches, it is subdivided into six areas. Within these, the Darmena de Pesqueros, the Ancient Muelle of Santa Barbara and the Darsena of Minors, are assigned the Nautical and Complementary Tertiary uses, allowing in addition, in the first one, the Fishing Use. The use of Infrastructures, Passenger Commercial, Supplementary Equipment and Tertiary Complementary are permitted in the area of the former Mineral Cargage. In the esplanade of San Lorenzo the Complementary Uses Industrial, Tertiary and Equipments, and the Institutional Use are allowed. Finally, the parcel of the Port Authority's offices, physically separated from the rest of the service area, to which the Institutional Use is assigned, is also part of this area.

Southern Dam and grounds attached to the San Lorenzo Beach. It includes the Southern Dique and a littoral band formed by the stretch of the San Lorenzo Beach, between the stretch of the northern wall of the Rio de Oro riverbed with the sea, and the south spigon of the marina. The stretch of beach is assigned a Port Reserve Use with Recreational Tolerance, and to the Southern Dique a Use of Infrastructures and Works of Abrigo.

Area of refuge of the Chafarinas Islands. Facilities located on the Island of Isabel II that include the Western Dique or the Titan, the Ribera Pier, the jetty or the Chico Pier, the varada ramp, the escort that runs under the Mirer of the Mentor and the site of the old Block workshop, until the start of the missing Northeast Dam, or Broken Dique. The docks and ramp of varada are assigned a Commercial Use, limited to the supply of the Island and the other facilities are assigned a Use of Infrastructures.

Third. Delimitation of the land service area. -The proposal for the delimitation of the land service area implies the exclusion of some areas considered unnecessary, which are described in the fifth provision of this order, and the incorporation of those emerged by works already executed.

The terrestrial boundary of the new service zone is graphically described in the Document 7 and No. 8-1 of the document, literally defined in paragraph 5.3.1.1. of the Memory, called "Description and Justification".

Fourth. Delimitation of the area of water. The delimitation of the water zone is defined as follows:

Zone I, or inland port waters: Comprises the area located within the limits defined by the two coat dams of the Port of Melilla, the coast and the intersection of the extension of the straight lines of the alignment of the South and Northeast III, as detailed in Plan No. 7 of the document.

Within this area of water, a space of exclusive use of bathing area, corresponding to the water strip of width 200 linear meters, is defined, to be counted from the bottom line, located between the Southern Dique and the spigon of the Port of Deportivo.

No Zone II, or exterior, is established for port waters. An area I of waters is established in the Port of Chafarinas, located on the Island of Isabel II, bounded by the Muelle El Titan, the coast line to the east end of the school that runs under the Mirer del Mentidero, the old workshop of blocks, the imaginary line, parallel to the old dam of the Northeast, to its intersection with the imaginary line resulting from the extension of the west dike.

Fifth. Disaffectations and exclusions of the service area. -They are disaffected from the port public domain and are excluded from the service area of the Port of Melilla, the land represented graphically in Plano n. 9 of the document and that are:

longitudinal strip of land, of 247,80 square meters of surface, parallel to the fence of the port and coincident with the vertex of the islet and with the sidewalk that flows between the entrance to the port and the curve of the General Macias Street.

Several bands of land located on the Paseo Marítimo de las Playa de San Lorenzo, the Carabos, the Hippodrome and the Hipica, whose total area is 13,232.68 square meters.

Plot of 3,734,10 square meters of surface, where the plant of pumping of wastewater from Melilla is located.

Also, the Beaches of the Horse, the Hippodrome, the Carabos and the stretch of beach of San Lorenzo located between the Beach of the Carabos and the stretch of the north wall of the river of the Gold River. These beaches retain the natural characteristics of the land-land area and therefore their automatic incorporation into the terrestrial maritime public domain regulated by Law 22/1988, of July 28, of Costas.

Madrid, July 19, 2010. -Minister of Development José Blanco López.